South Carolina H 3598: Reporting information to SLED, firearms background checks

Bill Text

2025-2026 Bill 3598 Text of Previous Version (Feb. 05, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3598

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 14-17-325, RELATING TO REQUIRING CLERKS OF COURT TO REPORT THE 
DISPOSITION OF EACH CASE IN GENERAL SESSIONS COURT, SO AS TO REQUIRE THAT 
CLERKS OF COURT REPORT THE DISPOSITION OF CASES TO THE STATE LAW ENFORCEMENT 
DIVISION WITHIN FORTY-EIGHT HOURS OF THE ISSUANCE OF CERTAIN ORDERS; BY 
AMENDING SECTION 22-1-200, RELATING TO REQUIRING MAGISTRATES TO REPORT THE 
DISPOSITION OF EACH CASE TO STATE LAW ENFORCEMENT, SO AS TO REQUIRE THAT 
MAGISTRATES REPORT THE DISPOSITION OF CASES TO THE STATE LAW ENFORCEMENT 
DIVISION WITHIN FORTY-EIGHT HOURS OF THE ISSUANCE OF CERTAIN ORDERS; BY 
AMENDING SECTION 14-25-250, RELATING TO REQUIRING MUNICIPAL JUDGES TO REPORT 
THE DISPOSITION OF EACH CRIMINAL CASE, SO AS TO REQUIRE THAT MUNICIPAL JUDGES 
REPORT THE DISPOSITION OF CASES TO THE STATE LAW ENFORCEMENT DIVISION WITHIN 
FORTY-EIGHT HOURS OF THE ISSUANCE OF CERTAIN ORDERS; BY ADDING SECTION 23-1-260 
SO AS TO REQUIRE EACH LAW ENFORCEMENT AGENCY TO REPORT TO THE STATE LAW 
ENFORCEMENT DIVISION WITHIN TWENTY-FOUR HOURS OF THE FILINGS OF CERTAIN 
INCIDENT REPORTS; AND BY ADDING ARTICLE 9 TO CHAPTER 23, TITLE 16 SO AS TO 
DEFINE NECESSARY TERMS, TO REQUIRE THAT NO GUN TRANSFER PRECEDED BY A CRIMINAL 
BACKGROUND CHECK MAY PROCEED, UNLESS THE CRIMINAL BACKGROUND CHECK HAS 
CONCLUDED THAT THE SALE MAY PROCEED, OR UNTIL AT LEAST FIVE DAYS HAVE PASSED 
FROM THE INITIATION OF THE BACKGROUND CHECK AND THE NATIONAL INSTANT CRIMINAL 
BACKGROUND CHECK SYSTEM HAS NOT REPORTED THAT THE SALE WOULD VIOLATE STATE OR 
FEDERAL LAW, AND TO PROVIDE FOR CRIMINAL PENALTIES FOR VIOLATIONS OF THIS 
ARTICLE.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 14-17-325 of the S.C. Code is amended to read:

 Section 
14-17-325. (A) Every clerk of court 
shall report the disposition of each case in the Court of General Sessions to 
the State Law Enforcement Division within five days of disposition, weekends 
and holidays excluded.

 (B) 
Every clerk of court shall also report to the State Law Enforcement Division, 
within five daysforty-eight 
hours, the issuance, rescission, or termination of any:

 (1) 
criminal indictments;

 (2) 
permanent restraining orders;

 (3) convictions relating to or orders 
issued to prevent acts of domestic violence against another person;

 (4) orders issued relating to the 
stalking, intimidation, or harassment of another person;

 (5) orders for bond with any 
limitation listed in this section;

 (3)(6) orders of state firearms prohibition pursuant to 
Section 16-25-30; and

 (4)(7) other restraining orders, orders of protection, or 
other orders that prohibit a person from legally purchasing or possessing a 
firearm, but only upon being directed to transmit such orders by the 
appropriate judge. For any orders, the Court Administration must provide the 
form.

 (C) 
The reporting required by this section must be in a format approved by the 
State Law Enforcement Division and Court Administration.

SECTION 2. Section 22-1-200 of the S.C. Code is amended to read:

 Section 
22-1-200. (A) Magistrates shall 
report the disposition of each criminal case to the State Law Enforcement 
Division within five days, weekends and holidays excluded.

 (B) 
Magistrates shall also report to the State Law Enforcement Division, within five daysforty-eight hours, 
weekends and holidays excluded, the issuance, rescission, or termination of 
any:

 (1) 
restraining orders and emergency restraining orders;

 (2) 
magistrate court orders of protection from domestic abuse act orders;

 (3) convictions related to or orders 
issued to prevent acts of domestic violence against another person;

 (4) orders issued or convictions 
related to, or to prevent, the stalking, intimidation, or harassment of another 
person;

 (5) orders for bond with any 
limitations listed in this section;

 (3)(6) orders of state firearms prohibition pursuant to 
Section 16-25-30; and

 (4)(7) any other restraining orders, orders of protection, or 
other orders that prohibit a person from legally purchasing or possessing a 
firearm, but only upon being directed to transmit such orders by the 
appropriate magistrate. For any form orders provided by Court Administration 
that may require transmission pursuant to this subsection, Court Administration 
shall include within the form order a checked box option that the magistrate 
may select, when appropriate, to order the clerk to transmit the appropriate 
information to SLED.

 (C) 
The reporting required by this section must be in a format approved by the 
State Law Enforcement Division and Court A